Banuelos v. Commissioner of the Social Security Administration

Filing 15

Order by Hon. Lucy H. Koh granting 14 Motion for Extension of Time to File Motion for Summary Judgment.(lhklc3, COURT STAFF) (Filed on 11/27/2012)

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JAMES HUNT MILLER (CA BAR # 135160)
P.O. Box 10891
OAKLAND CA 94610
P: [phone]
F: [phone]
e: [e-mail]
Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF CALIFORNIA

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DEYANIRA BANUELOS,
FOR C.B.V. (A MINOR),

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Plaintiff,
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vs.
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Commissioner of the
Social Security
Administration,

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Defendant.
____________________________

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No. 12-1961 LHK
Plaintiff’s Unopposed
Motion for Extension of Time
to File Motion for Summary
Judgment and/or Remand

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MOTION.
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Plaintiff hereby requests additional time in which to file Plaintiff’s Motion
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for Summary Judgment. Pursuant to the time allowed in the Procedural Order (28
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days from Defendant’s service of the answer/record on October 25), plus time
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allowed in F.R.Civ.P. Rules 6(e) and 5(e) (3 days), and weekend terminus day,
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Plaintiff’s motion was to be filed by today, November 26. Plaintiff seeks a 28-day
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extension, or until December 24, 2012. Such extension would change Defendant’s
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filing deadlines by as much as 28 days, and would make the eventual submission
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of the case for decision as much as 28 days later.
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Defendant, through counsel Special Assistant U.S. Attorney Lynn Harada,
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Mot/xtn; prop’d/ord – Banuelos v. SSA C-12- 1961 LHK

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stated (by e-mail) to Plaintiff’s counsel that Defendant does not oppose this

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request. Plaintiff submits and requests that no hearing is necessary in this motion,

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as is usual in Social Security litigation (per the Procedural Order), and also because

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Defendant would not be harmed by the extension and Defendant does not oppose

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the request.

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RESPECTFULLY SUBMITTED on this 26th day of November, 2012.

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/s/_________________________________________
James Hunt Miller, Attorney for Plaintiff

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ORDER (PROPOSED)
PURSUANT TO PLAINTIFF’S UNOPPOSED MOTION, IT IS

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ORDERED that Plaintiff may have a 28-day extension, or until December 24,

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2012, in which to file a motion for summary judgment.

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DATE: ___________________
November 27, 2012

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United States District Judge

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Mot/xtn; prop’d/ord – Banuelos v. SSA C-12- 1961 LHK

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